Mr. King of New York
introduced the following bill; which was referred to the
Committee on the
Judiciary

A BILL

To eliminate the backlog in performing DNA analyses of
DNA samples collected from convicted child sex offenders, and for other
purposes.

1.

Short title

This Act may be cited as the
Convicted Child Sex Offender DNA Index System Support
Act.

2.

Elimination of
child sex offender DNA backlog

(a)

Development of
Plan

(1)

In
general

Not later than 45 days after the date of the enactment of
this Act, the Director of the Federal Bureau of Investigation, after
consultation with representatives of the States and of appropriate Federal
agencies, shall develop a plan to assist States in performing DNA analyses of
DNA samples collected from convicted child sex offenders.

(2)

Objective

The
objective of the plan developed under
paragraph (1) shall be to effectively
eliminate the backlog of convicted child sex offender DNA samples awaiting
analysis in State or local forensic laboratory storage, including samples that
need to be reanalyzed using upgraded methods, in an efficient, expeditious
manner that will provide for the entry of those analyses into the combined DNA
Indexing System (CODIS).

(3)

Preference in
funding

In providing assistance to States under the plan, the
Director shall give a preference in assistance to those States that have
developed a comprehensive program for the DNA analysis of crime scene evidence
in casework for which there are no suspects.

(b)

Plan
Conditions

The plan developed under
subsection (a) shall require the
following:

(1)

That the Director
of the Federal Bureau of Investigation—

(A)

establish
requirements for the performance of DNA analyses by private forensic
laboratories, including quality assurance standards, state-of-the-art testing
methods, and other requirements that the Director considers appropriate;
and

(B)

determine which
private forensic laboratories satisfy the requirements established pursuant to
subparagraph (A).

(2)

That a laboratory
may perform DNA analyses under the plan only if it is a private forensic
laboratory determined under paragraph (1)(B) to satisfy the requirements
established pursuant to paragraph (1)(A).

(3)

That the Director
of the Federal Bureau of Investigation provide assistance under the plan only
pursuant to arrangements with private forensic laboratories that have been
determined under paragraph (1)(B) to satisfy the requirements established
pursuant to paragraph (1)(A).

(4)

That under each
such arrangement—

(A)

the Director shall
determine, for each State to which assistance is provided under the plan, the
quantity of convicted child sex offender DNA samples awaiting analysis in that
State on which the laboratory shall perform DNA analysis;

(B)

the laboratory
shall perform those DNA analyses; and

(C)

the Director
shall, on behalf of that State, provide funding to the laboratory to cover the
costs of those DNA analyses.

(5)

That each DNA
sample collected and analyzed under the plan be accessible only—

(A)

to criminal justice
agencies for law enforcement identification purposes;

(B)

in judicial
proceedings, if otherwise admissible pursuant to applicable statutes or
rules;

(C)

for criminal
defense purposes, to a defendant, who shall have access to samples and analyses
performed in connection with the case in which such defendant is charged;
or

(D)

for validation
studies and protocol development purposes, if personally identifiable
information is removed.

(c)

Implementation
of Plan

Subject to the availability of appropriations under
subsection (d), the Director of the Federal Bureau of Investigation shall
implement the plan developed pursuant to subsection (a) with States that elect
to participate.

(d)

Authorization of
Appropriations

There are authorized to be appropriated to the
Director of the Federal Bureau of Investigation to carry out this section
$25,000,000 for each of the fiscal years 2009, 2010, and 2011.